Larry Catá Backer's comments on current issues in transnational law and policy. These essays focus on the constitution of regulatory communities (political, economic, and religious) as they manage their constituencies and the conflicts between them. The context is globalization. This is an academic field-free zone: expect to travel "without documents" through the sometimes strongly guarded boundaries of international relations, constitutional, international, comparative, and corporate law.

Monday, July 14, 2014

Most people in the West have heard but do not understand the concept of Socialist Modernization as a fundamental policy in China. In the absence of an understanding of socialist modernization, it becomes harder, especially for Westerners, to understand the direction and scope of Chinese economic policy and its coherence.

A critical aspect of socialist modernization is the objective of ensuring the mobilization of productive forces throughout China. Socialist modernization has scientifically developed from an origin in the four cardinal principles, through the scientific development and harmonious society principles to the current emphasis on China's dream (for the latter, see, e.g., Backer, Larry Catá and Wang, Keren, 'What is China's Dream?' Hu Angang Imagines China in 2020 as the First Internationally Embedded Superpower
(February 23, 2013). Consortium for Peace & Ethics Working Paper No.
2013-2). For the greater part of the time after China's opening up in the late 1970's, the operational emphasis has been on the East coastal and Southern areas of China. But uneven growth has unbalanced prosperity and might imperil socialist modernization. The difficulties are not just environmental and demographic; it goes to the fundamental core of legitimacy of the vanguard role of the CCP. To correct that imbalance, Chinese authorities devised the "Go West" (西部大开发) policy or the more recent "revitalize the old industrial Northeast" policy (振兴东北老工业基地) and the "rise of Central China" policy (中部崛起计划) .

This post provides a more detailed summary of the genesis and current framework for the Go West Policy, prepared by one of my research assistants. It serves as a template for the others and is worth considering for its efforts to make coherent economic, political and social policy toward the long term goal of building a moderately wealth society and ultimately a communist one.

Socialist modernization aims to produce a moderately well off and harmonious society. It is focused on scientifically developing a legal and normative system that is compatible with global norms but which have distinctive Chinese characteristics. “Modernization is a comprehensive and systematic process that includes all aspects of economic and social development.” (Liu Yunshan, Working Out a Path of A Socialist Modernization with Chinese Characteristics, Quishi Journal (English edition) Vol. 3(2) April 1, 2011). Harmonious society suggests an objective of modernization. “Chinese President Hu Jintao has instructed the country's leading officials and Party cadres to place "building a harmonious society" at the top of their agenda. . . . What are the main characteristics of a harmonious society? It will put people first and make all social activities beneficial to people's subsistence, enjoyment and development. In a harmonious society, the political environment is stable, the economy is prosperous, people live in peace and work in comfort and social welfare improves.” (Harmonious Society, The 17th National Congress of the Communist Party of China, September 29, 2007).

Harmonious society has become an important element of socialist modernization, one that is operationalized "scientifically" by developing political theory to fit within the context of Chinese realities. “The idea behind the scientific development concept—but not the term
itself—was endorsed by the Third Plenary Session of the 16th Central
Committee, which convened in Beijing on October 11–14, 2003. The plenum
decision did say that it was necessary to “take people as the main thing
[yiren weiben], establish a concept of comprehensive, coordinated,
sustainable development, and promote comprehensive economic, social, and
human development.” This sentence has since been invoked by Chinese
media as the locus classicus of the idea of scientific development.” (Joseph Fewsmith, Promoting the Scientific Development Concept, China Leadership Monitor, No. 11 (Summer 2004), pp. 1-2). Thus, Hu Jingtao stateds that “We have strived to ensure and improve the people's wellbeing, promoted
social fairness and justice, worked to build a harmonious world, and
strengthened the Party's governance capacity and advanced nature. We
have thus upheld and developed socialism with Chinese characteristics
from a new historical starting point.” (Hu Jingtao, Report to the 18th National COngerss of the Communist Party of China, Nov. 8, 2012, at II).

The best expression of the foundation of that line was made in 1984 by Deng Xiaoping: socialism is meant to create the conditions for the production of wealth sufficient to make it possible to produce the conditions when communism is attainable, a premise that requires the state, through its vanguard communist party to ensure that all socially productive forces are most efficiently deployed for the production of wealth, which is the prerequisite for communism. He famously explained:

What is socialism and what is Marxism? We were not quite clear about this in the past. Marxism attaches utmost importance to developing the productive forces. We have said that socialism is the primary stage of communism and that at the advanced stage the principle of from each according to his ability and to each according to his needs will be applied. This calls for highly developed productive forces and an overwhelming abundance of material wealth. Therefore, the fundamental task for the socialist stage is to develop the productive forces. The superiority of the socialist system is demonstrated, in the final analysis, by faster and greater development of those forces than under the capitalist system. As they develop, the people's material and cultural life will constantly improve. One of our shortcomings after the founding of the People's Republic was that we didn't pay enough attention to developing the productive forces. Socialism means eliminating poverty. Pauperism is not socialism, still less communism. (Deng Xiaoping, Build Socialism With Chinese Characteristics (June 30, 1984).).

The implications are clear. The political objective of the CCP is to build ultimately a communist society. That project requires the development of socialism. But socialism is understood not in its static and European sense, but as a dynamic process characterized by economic development that is meant to distribute the fruits of rising prosperity to all sectors of the Chinese population. Indeed, socialism is understood as the process through which so much wealth is produced and available that the Communist ideal is then achievable (in the future). Given this foundation, it follows that the primary objective of the CCP and thus of state policy, is economic prosperity and development. The principal objective, then, of all of the social, institutions, public and private, must be bent toward the great project of creating prosperity. Everything else assumes a secondary role. Unless an objective or policy can be tied to this long-term project of socialism—the elimination of poverty for everyone—it does not support socialist modernization. It follows that such objectives would be of lesser interests to officials in enterprises, especially officials in state owned enterprises.

First, Hu argues that China should establish a people-centered scientific development approach. Instead of solely focusing on economic growth, this new approach would seek a more balanced development framework that emphasizes the general well-being of the people and the protection of basic human rights—which include the right to democratic elections, the right to freedom, the right to employment, the right to education, and the right to social security. Hu notes that all these rights are enumerated in China’s constitution (Hu, China in 2020, supra, 141).Second, Hu emphasizes the need to continue to build a modern socialist society with Chinese characteristics (Ibid., 141-142). He defines a modern socialist society with Chinese characteristics as having the following key attributes. One, the elements of modernity will steadily increase; major progress will be made in modernization, giving priority to education, science and technology, and information development. Hu explains that China will soon reach mid-level in terms of modernization. Two, the factors of socialism will steadily intensify, where major progress will be made in building a socialist society commensurate with the midlevel of modernization. And three, distinctively Chinese elements will be tapped, innovations which will exert unparalleled influence on world peace, development, and cooperation. (Ibid., 141-142). . . . Third, HU argues that China should pursue to build a well-off and harmonious socialistsociety as explicated by the Sixteenth Party Congress. In addition, China should also pursue the Millennium Development Goals (MDGs) put forward by the international community (Ibid., 142). Ultimately, Hu contends that the building of a well-off, harmonious socialistic society amount to the Chinese version of the MDGs (Ibid., 143). Hu argues that the development of international consensus, like the MDGs, are compatible with internal Chinese development goals and that “[d]omestic goals and international goals are also integrated and complementary.” (Ibid., 143). . . .Fourth, China must ensure that the above goal design fully embodies detailed views,strategies, and policies for long-term development. For HU, the most important of these goals is to close the income gap and regional development disparities, and strive for a more evenly developed society (Ibid., 143-144). Here again HU emphasizes the seamlessness of Chinese internal and external policy. In that seamlessness lies Hu’s great insight about the foundational character of Chinese superpower status, as well as the distinguishing features of the framework within which the exercise of such superpower status must be exercised. China will not distinguish between internal and external policy or norm application—there is no division between the superpower metropolis and the periphery on which the superpower exports behavior. . . . It is no surprise, then, that Hu’s emphasis is on the state of socialist modernization for 2020 (Ibid., 144-152), where the developing line of the CPC is emphasized and expanded. The focus is on economic growth and structural goals—full employment, industrialization, urbanization and the consolidation of what Hu calls a socialist market system. (Ibid., 144). The socialist market system echoes the great work of European unification—grounded in the advancement of free movement of goods, people, enterprises and capital, “so as to create a pattern of regional cooperation and common development.” (Ibid., 144-45). . . . (Backer, Larry Catá and Wang, Keren, 'What is China's Dream?' Hu Angang Imagines China in 2020 as the First Internationally Embedded Superpower
, supra, pp. 9-10).

It is a short step from the grounding policy of socialist modernization to the specifics of the regional development policies of Go West, Northeast Revitalization and Rise of Central China.

______

An Introduction of China’s “Go West” Policy

I. The Necessary
Reasons for "Go West" Policy

There are
threetypicalcharacteristics determiningthe necessity ofdeveloping the western
region. First, the lag ofthe
westernregion's economicconstraints
the sustainable developmentof the entirenational economy; Second,ethnic diversity, religiousdiversity, andspecialgeographicattributes in the western region has
special requirements for building a goodenvironment for
the developmentof socio-economic; Third, the fundamentality and vulnerability of
ecological environment in the
western region impact on the entire ecosystem. These
featurescharacterizethe
starting point fordeveloping the western region,
but also determine the fate ofthe western
developmentthat ischangingthese featuresmentioned above. Simply, the motivation of western
development isto promoteeconomic development by constructing a sustainableand beneficial interactionsystem among economic, society
and nature in the western region.[1]

II. The Governing Body and Its Responsibilities

In January 2000, the State Council formed
the Western Region DevelopmentLeading Group headed by Premier Zhu Rongji, deputy headed by Vice
Premier Wen Jiabao and attended by 19 directors from the State Councilandrelevant ministries. The main
responsibilities of this Leading Group are that: study and put forward to the
suggestions about the strategy of developingthe western
region, development planning, major issues andrelevant policiesand regulations; promotesustained, rapidand healthy development
ofthe economy in the western region; study and propose
suggestions about rural economic development,basicinfrastructure construction, ecological protection
and construction, structural adjustment, resource development as well asthe recommendations ofmajor projects; organize and coordinate the implementationand implementation of returning farmland to forest(grass) plan; study and propose the
suggestions about deepening reform,expanding and
opening up,as well as the introduction ofdomestic and foreign capital, technology and
personnel; coordinate economicdevelopment andthe overall development ofscience, educationand culture; undertakeother tasks assigned bythe Leading Group.[2]

In September 1999, “The CCP Central Committee Decision
on Major Issues Concerning the Reform and Development of State-owned
Enterprises” was approved at the Forth Plenary Session of the 15th Central
Committee of CCP.

This is the first time that the western development has
been put forward.

In November 1999, the strategic decisions were made at
the Central Economic Work Conference.

It was proposed toseize the opportunity toimplementthe western development strategy
at the conference. It is directly related to the expansion of domestic
demand, economic growth, national unity, social stability, consolidating
border defense, the coordinated development between the east and the west,
and achievement of common prosperity. Western development should be an
important strategic task of the party and the country.

From January 19, 2000 to January 22, the regional
development conference was held in Beijing by the Western Region DevelopmentLeading Group
in order to study the basic ideas and strategic tasks to accelerate the
development of the western region.

Acceleratinginfrastructure construction;
strengthening ecologicalprotection
and construction; activelyadjusting
the industrial structure; developing science and
education and speeding up the training of personnel; increasing
the intensity ofreform and opening up.

In October 2000, “Suggestions of CCP Central
Committee On National Economic And Social Development Tenth Five-Year Plan”
was issued.

That carrying out western development and promoting
regional coordinated development is one part of this report.

In October 2000, “Circular of the State Council
Concerning Several Policies on Carrying out the Development of China’s Vast
Western Regions” was issued.[3]

For the present and the years to
come, the key tasks of carrying out the development of China's vast western
regions are: speeding up the construction of infrastructure facilities;
improving the protection and development of environment; consolidating the
basic status of agriculture, adjusting the structure of industry, and
developing characteristic tourism; developing undertakings of science and
technology, education, culture and sanitation. To work hard for the
breakthrough progress in the construction of infrastructure facilities and
environment of the western regions and to make a good beginning of the
development of the western regions in 5 to 10 years.

That carrying out the strategy for western-region
development to accelerate the development of the central and western regions
is a major step taken to achieve the strategic goals of the third stage of
the country's modernization drive. During the Tenth Five-Year Plan period, it
needs to place emphasis on key projects for a good beginning of the program.
Construction of infrastructure and protection of the ecological environment
should take priority, and it should strive for major breakthroughs within
five to ten years. At the same time, developing science, technology, and
education considerably will be very important.

It should be focused on a number of major projects
of strategic significance, such as the transmission of natural gas and
electricity from western to eastern regions and the planned Qinghai-Tibet
Railway. It needs to give priority to protecting, economizing and exploiting
water resources through careful planning and rational allocation in order to
ensure better utilization of water. It needs to steadily proceed with major
projects for protecting natural forests in light of local conditions,
returning cultivated land to forests or pastures, preventing and controlling
desertification, and protecting grassland. Great attention should be paid to
the ecological self-regeneration capacity. It should connect these projects
to form an ecological green belt in the western region. It needs to
vigorously improve education to train professionals and workers much needed
in various fields. It needs to increase investment in scientific and
technological development. Localities should cultivate individualized local
economies by adjusting and optimizing their industrial system, and by
strengthening agriculture and by accelerating the transformation of resource
advantages into economic advantages. In developing the western region, it
needs to begin work at places along major transportation routes, such as the
Eurasian Continental Bridge, the Yangtze River, and the routes in the
southwestern part of the country leading to the sea. Major cities connected
by such lines should serve as economic centers and play leading roles in the
development of their adjacent areas. It should particularly foster the
economic zones along the Tongguan-Lanzhou-Urumqi line, the upper reaches of
the Yangtze River, and the Nanning-Guiyang-Kunming line to promote
development of the surrounding areas.

The State Council has already promulgated a number
of policies and measures to support the development of the western region.
The state will invest more in the west and increase transfer payments from
the national budget to local budgets there. However, people in the western
region should rely primarily on their own efforts and hard work over the long
haul. It needs to accelerate reform and opening up and create a sound
investment environment to attract more funds, technology and human resources
from home and abroad to the western region. It also needs to increase the
exchange of cadres.

The central region should make use of its regional
advantages and its comprehensive advantages of resources to accelerate its
pace of economic growth. It should focus on areas with main water and land
transportation lines, make full use of the role of major cities and actively
foster new loci of economic growth and new economic belts. It should
consolidate and develop agriculture and continue to strengthen construction
of infrastructural facilities and ecological projects. It should step up
efforts to upgrade traditional industries with high, new and advanced
technologies and raise its technological level and competitiveness.

The western development master plan can be divided
into three stages in 50 years, including the stage of foundation, the stage
of accelerate development and the stage of comprehensive promotion of
modernization.

In September 2001, State Council forwarded the “Implementation
Opinions about Circular of the State Council Concerning Several Policies on
Carrying out the Development of China’s Vast Western Regions”.

“Implementation
Opinions about Circular of the State Council Concerning Several Policies on
Carrying out the Development of China’s Vast Western Regions” defined the
scope of western development and specific policy measures. There are 70
provisions in the document.

In July 2002, “The Tenth Five-Year Overall Plan for
Western Region Development” was issued.

The guidelines and strategic objectives of western
development; The main task of the tenth five-year overall plan; The key areas
of western development; The policy measures of western development.

In March 2004, “Opinions of the State Council on
promoting the further development of the western region” was issued.

It was proposed to improve policies and measures to focus on the
key work.

In March 2006, “Report on the Outline of the
Eleventh Five-year Plan for National Economic and Social Development” was
approved at the Forth Session of the Tenth National People’s Congress

That “promote the western development” was proposed
in the section one chapter 19. [5]

It should accelerate the pace of reform an opening
up and enhance self-development by national support, its own efforts and
regional cooperation in the western region.

1. It needs to develop relying on central cities and
transportation routes. Strengthen infrastructure construction, build
intentional and interstate railway and new channel for west-east coal
transportation, build “five vertical and seven horizontal” western sections
and eight inter-provincial highways, and construct power base and west-east
power transmission.

2. It needs to consolidate and develop the
achievement of forestation program, continue to promote natural forest
protection and other ecological projects, strengthen the protection of
vegetation, increase desertification and rocky governance, and strengthen the
control and prevention of water pollution in some areas. It needs to strengthen
the Qinghai-Tibet Plateau ecological protection.

6. It needs to implement and deepen the go west policy,
intensify support measures and financial transfer and establish long-term and
stable funding channels for the western development.

In March 2007, “The Eleventh Five-Year Plan for
Western Region Development” was issued.

1.It needs topush forward thesocialist new countryside construction,
such as improving agricultural production capacity, improvingproduction and living conditionsin rural areas, doing everything
possible toincrease farmers' income and making
more efforts for poverty alleviation

3. It needs tovigorously developindustries with local advantages,
including optimizing the development ofthe energyand chemicalindustries, developing mining and processing of mineral
resources, developing specialtyfarm
productsprocessing industry, revitalizingequipment manufacturing industry,actively
developinghigh-tech industry and accelerating
the development of the tourismindustry.

4 It needs toguide the key areas to accelerate the development. To promote
some key areas to develop first, encourage metropolitan agglomeration
development, guide intensive development for the regions with rich resource,
promote the leaps and bounds for the border areas, and support the
development of minority areas.

5. It needs toadhere to grasp the ecological protection and construction
, environmental protection and resource conservation. To consolidate the achievement
of ecological protection and construction, strengthen resource conservation
and comprehensive utilization, and promote the builing of areas with main
functions.

6. It needs tomake efforts to improve basic public services, such as giving
priority to education, strengthen public health system, enhancing scientific and
technological support capabilities, actively developing cultural and sports
undertakings, and improving people's living guarantee.

7. It needs tostrengthen the development of qualified personnel. To perfect
the system of talent resources, increase high-level personnel, develop and strengthen
rural and community personnel construction, encourage and support the
rational flow of talent exchange, and enhance all types of training.

8 . It
needs toactively expand the opening
up. It needs topromote regional coordination and interaction between the
west and the east, guide the right direction for foreign investment, build a
new platform to participate in international and regional economic
cooperation, make full use of international financial organizations and
foreign government loans, and transfer the growth mode.

9. It needs toestablish sound mechanisms to safeguard the western development,
such as mechanism for national policy support, mechanism for financial
service and support, mechanism for business development incentive, mechanism
for rational development of resources, mechanism for government service and coordination,
and mechanism for effective planning and implementation.Top
of Form

On February 13, 2012, the State Council officially
approved the "12th Five-Year Plan for the Large-Scale Development of the
Western Regions" (the "Plan") whose preparation is organized
by the National Development and Reform Commission.[6]

The Plan puts forward the goals of the large-scale
development of the western regions during the Twelfth Five-Year, mainly
including: regional economic growth rate and income growth rate of urban and
rural residents "double-higher" than national average level,
urbanization rate over 45%, etc.

The Plan deploys the large-scale development of the
western regions during the Twelfth Five-Year in full, stipulating clearly the
key tasks and major projects. We shall continue to put the infrastructure
construction as priority, accelerate building moderate advanced, functional
and supporting, safe and efficient modern infrastructure system with the
emphasis of transportation and water conservation projects. We shall
accelerate establishing ecological compensation mechanism; implement the
market-oriented transforming strategy of advantageous resources deeply;
adhere to the new industrialization road, undertake actively the industrial
transfer to form with great efforts the new pattern of coordinated
development with traditional advantageous industries, strategic emerging
industries and modern service industries.

V. The Problems Occurred during the Western Development

1.
Regionaldevelopment gapis widening

There are three kinds of gaps in the
development of western region, namely the gap between the eastern part and
western part, between urban centers and remote areas, between high-income
people and poor people. And also the three gaps are not narrowing but show a
tendency to expand.

2. Infrastructure is still
lagging behind

In addition to the western
provincial capital city, other urban infrastructure is seriously lagging
behind. Transportation is very inconvenient between provincial cities. There is
a lack of good sewage and garbage disposal systems. Some infrastructure
construction of prefecture-level cities in Tibet, Qinghai and Xinjiang shares
the same with level with the eastern.

3. Self-development
mechanism has not yet formed
Western industrial base is very weak. There is a certain self-development
capacity for the western region after ten years of development. But this
capacity is still very weak. Because economic growth rely on direct government
investment too much while the role of foreign direct investment and domestic
private capital investment is not strong.

4. The problem of poverty has not been
fundamentally resolved

There are nearly 80 percent of the national
poverty counties and the vast majority of poor people in the western region. Guizhou, Yunnan, Shaanxi, Gansu, Ningxia, Xinjiang sevenprovinces with only 13.4% of the
population accounted forthe poormore than 35%.

5. The western region is in the most low-end chain

The
strategicpositioning of
westernregion is the base of national
energy and raw material resources.Therefore, the division of labor pattern that “developing resources
in the western while manufacturing in the
eastern" is gradually formed. The West-East natural
gas transmission project, The West-East electricity transmission project, pipeline,transportation routesand other major projects are embodies of thisstrategic
positioning andindustrial divisionpattern.Thisstrategic
positioning anddevelopmentdivisionpromoted thecommon development ofthe east and west, but this development
model of "output" also
caused that the westernis always inthe most low-end of interests ofthe
industry chainanddistribution
pattern.

Taking
the State's major projects in
the western region as example, that almost all of thelarge projectsaredevelopedby the large state-owned enterprises,
75% ofthe tax are paid to corporate headquartersand the country, developedresources are mainlyexported toeastern to be processed, utilizedand manufactured, and thatthe maindevelopment equipment, R & D,technology and special materials are procured
andobtainedfrom the east.
The west only made​​a directrole in boostingthegrowth rate of GDP, a small amount ofthe taxcomponent, sales of some raw materialsandsubsistence,production
and processing ofprimary products with low value-added and laborincome brought by labor employment
opportunities.This patternis
not conducive tofurtherlarge-scale
development for the west.

6. There is a lack of
financial support

In the western area, bank fundsandprivatecapital
outflowsis widespread. According
to estimates, bankcredit fundsless than20% ofthe
country has been used to the development of the west in recent years,
while the funds lost such as funds deposit, net capitalsplit out, corporate loans to the east and some other channels is
more than 10% for western banks. In addition, the western folkcapital lossis
also very serious. By the case studyof Yulin, Chamber of Commercedata show that its private capital is more than 2000 billion
at present. But most of the capital is outside and theinvestmentreaches more than 300billion Yuan just in Beijing.

7.It is an arduoustask to buildthe
ecological environment

The
ecological environment in the western region is very fragile. With the economy
expanding, the problem of insufficient of energy, fresh water, land, minerals
and other strategic resources become increasing acute. The development mode
with high input, high pollution, low output and low efficiency was formed in a
long term and has not been fundamentally changed. Economic development caused
serious pollution of water, air and soil.

8. There are serious challenges of qualified
personnel

The number of professional and technical personnel
is low and the ability of innovation is not strong. Higher education is
underdeveloped and there is a lack of high-level personnel training platform. Scientific and technological personnel's contribution to economic growthrate is relatively low and the overall quality of personnel
needs to be raised. There is a serious brain drain and there is an accelerated
decreasing trend in poor and backward areas.

9. There is arduous social construction task

The task of social construction in western society
is still arduous, such equalization
ofbasic publicservicemechanismsneeds
to be improved; production safetyand food and drugsafety managementneeds to be strengthened; vital interests ofthe people involved ineducation,
employment,affordable housing,rural healthcare, income
distribution, social security and other issueshas not been fundamentallyalleviated.

[1]刘忠，牛文涛，聊冰玲：我国“西部大开发战略”研究综述及反思，《经济学动态》2012年第6期，第77页(Liu Zhong, Niu Wentao & Liao Bingling, An General Research and
Thought about China’s Go West Policy, Trends of Economics, 2012(06), P77.)

[2]国务院关于成立国务院西部地区开发领导小组的决定国发〔2000〕3号(State Council’s Decision about Setting Up Western
Region Development Leading Group)

Subscribe To

ORCHID QR Code

ACI

A Top 100 Blog--Online Schools.org

Follow by Email

PRINTING INDIVIDUAL POSTS

Individual postings may now be more easily printed. To print, FIRST, click on the title of the essay you want to print, THEN scroll down to the "Labels" line near the end of the essay and CLICK on "print this article."

Cluster Maps

Wikio

Copyright; Citation and Attribution:

All essays are (c) Larry Catá Backer except where otherwise noted. All rights reserved. The essays may be cited and quoted with appropriate reference. Suggested reference as follows: Larry Catá Backer, [Essay Title], Law at the End of the Day, ([Essay Posting Date]) available at [http address].

The author holds a faculty appointment at Pennsylvania State University. Notice is hereby given that irrespective of that appointment, this blog serves as a purely personal enterprise created to serve as an independent site focusing on issues of general concern to the public. The views and opinions expressed here are those of its author. This site is neither affiliated with nor does it in any way state, reflect, or represent the views of Pennsylvania State University or any of its entities, units or affiliates.

Ravitch and Backer's Law and Religion: Cases, Materials, and Readings

3rd Edition 2015

Broekman and Backer, Signs in Law

Springer 2014

BACKERINLAW--PERSONAL WEBSITE

Here you can find my published work, manuscripts, presentations, and more!

Globalization Law and Policy Series from Ashgate Publishing

Globalization: Law and Policy will include an integrated bodyof scholarship that critically addresses key issues and theoretical debates in comparative and transnational law. Volumes in the series will focus on the consequential effects of globalization, including emerging frameworks and processes for the internationalization, legal harmonization, juridification and democratization of law among increasingly connected political, economic, religious, cultural, ethnic and other functionally differentiated governance communities. This series is intended as a resource for scholars, students, policy makers and civil society actors, and will include a balance of theoretical and policy studies in single-authored volumes and collections of original essays.

An interview with the Series EditorQueries and book proposals may be directed to:Larry Catá BackerW. Richard and Mary Eshelman Faculty Scholarand Professor of Law, Professor of International AffairsPennsylvania State University239 Lewis Katz BuildingUniversity Park, PA 16802email: lcb911@gmail.com

About Me

I hope you enjoy these essays. Each treats aspects of the relationship between law, broadly understood, and human organization. My essays are about government and governance, based on the following assumptions: Humans organize themselves in all sorts of ways. We bind ourselves to organization by all sorts of instruments. Law has been deployed to elaborate differences between economic organizations (principally corporations, partnerships and other entities), political organization (the state, supra-national, international, and non-governmental organizations), religious, ethnic and family organization. I am not convinced that these separations, now sometimes blindly embraced, are particularly useful. This skepticism serves as the foundation of the essays here. My thanks to Arianna Backer for research assistance.